Chapter 21.52
MIXED USE/BUSINESS ZONE

Sections:

21.52.050    Purpose.

21.52.100    Outright permitted uses.

21.52.120    Uses allowed by conditional use permit.

21.52.125    Project design review.

21.52.130    Repealed.

21.52.140    Repealed.

21.52.160    Limitations on use.

21.52.200    Development standards.

21.52.220    Transition or buffer strip.

21.52.400    Repealed.

21.52.500    Signs.

21.52.900    Other regulations.

21.52.050 Purpose.

The Mixed Use/Business zone is meant to provide the opportunity for a high intensity development of mixed uses that would encourage pedestrian activity. The project design review process shall be used to ensure that development is consistent with this chapter. The purpose of this zone will be met by development in which the potential conflicts arising from the mixed uses allowed within the zoning classification are minimized, and opportunities to ensure that proposed uses complement other uses within the zone are maximized. This zone is intended to allow and encourage the controlled development of commercial and residential uses. Portions of this zone are adjacent to single- and/or multiple-residential neighborhoods and it is the further purpose to allow these uses to be compatible, based on a degree of coordination and control not possible under other zoning classification. (Ord. 2441 § 17, 2003; Ord. 2317 § 2, 2000; Ord. 2020 § 22, 1994; Ord. 1947 § 2, 1994)

21.52.100 Outright permitted uses.

The following uses are permitted outright, provided such use complies with all zoning regulations of the city.

A. All uses permitted in RS-8 zoning classification.

B. Libraries, museums, art galleries, and similar institutions.

C. A maximum density of 24 dwelling units per acre will be allowed in this zone. The development standards of the city’s RMH zoning classification will apply, except as otherwise changed by this chapter. Maximum residential density may be increased for nursing and convalescent uses, housing for the elderly, and housing for the physically disabled, as provided by LMC 21.43.110(G) and 21.46.116(C).

D. Banks and other financial institutions.

E. Business, professional, and medical office buildings, including offices of a clerical or administrative nature.

F. Child day care.

G. Churches with parking in accordance with standards of Chapter 21.18 LMC (see LMC 21.46.113).

H. Municipal services.

I. Motels and motor hotels (see LMC 21.46.116).

J. Parking garages and accessory refueling and servicing.

K. Professional services not mentioned elsewhere in this section.

L. Public utilities facilities (see LMC 21.46.118).

M. Radio and television stations, not including transmitting or receiving towers.

N. Commercial schools, dancing, music, trade, etc.

O. Retail uses (including restaurants), as permitted in the Community Business (B-1) zone (see LMC 21.46.100 et seq.). (Ord. 2441 § 17, 2003; Ord. 2020 § 22, 1994; Ord. 1947 § 3, 1994)

21.52.120 Uses allowed by conditional use permit.

The following uses are allowed in the Mixed Use/Business zone only by issuance of a conditional use permit:

A. Retail uses (including restaurants), as conditionally permitted in the Community Business (B‑1) zone (see LMC 21.46.100 et seq.). Uses that are conditionally permitted in the B-1 zone would require approval of a conditional use permit to locate in this zone. Applications for a conditional use permit will be processed concurrently, at the request of the applicant, pursuant to LMC 1.35.080.

B. Assembly of electronic, high-tech and related enterprises including minor processes such as cutting, drilling, soldering, or minor welding, in spaces or 10,000 square feet or less (inclusive of all aspects of the business).

C. Laboratories, including experimental, which do not involve the handling of hazardous materials.

D. Veterinary clinics. (Ord. 2441 § 17, 2003; Ord. 2317 § 3, 2000; Ord. 2020 § 22, 1994; Ord. 1947 § 4, 1994)

21.52.125 Project design review.

A. Design Guidelines for Nonresidential Uses. The following structures and parking facilities permitted outright or by conditional use permit in the Mixed Use/Business zone shall comply with Lynnwood Citywide Design Guidelines for All Districts and Commercial Districts, as adopted by reference in LMC 21.25.145(B)(3), and receive approval pursuant to Chapter 21.25 LMC, unless otherwise specified in this chapter:

1. Construction of any nonresidential structure or building with a gross floor area of more than 1,000 square feet.

2. Construction of any parking lot and/or parking structure with 20 or more stalls or paved parking area of 5,400 square feet or more.

B. Design Guidelines for Multiple-Family Uses. Construction of any multiple-family structure or building including duplexes (two-family dwellings) permitted outright or by conditional use permit in the Mixed Use/Business zone shall comply with Lynnwood Citywide Design Guidelines for All Districts and Multi-family Districts, as adopted by reference in LMC 21.25.145(B)(3), and receive approval pursuant to Chapter 21.25 LMC, unless otherwise specified in this chapter.

C. Supersede. Applicable Lynnwood Citywide Design Guidelines, as adopted by reference in LMC 21.25.145(B)(3), shall supersede any development standards and requirements of this chapter that may conflict, unless otherwise specified in this chapter.

D. Gateways and Prominent Intersections. See city of Lynnwood zoning map to identify development project sites within a gateway or prominent intersection location. Such sites shall be subject to applicable gateway and/or prominent intersection design guidelines identified in the All Districts section of the Lynnwood Citywide Design Guidelines, as adopted by reference in LMC 21.25.145(B)(3). If any portion of a project site lies within a gateway or prominent intersection location, then the entire project shall comply with the applicable design guidelines. (Ord. 2441 § 17, 2003; Ord. 2388 § 50, 2001)

21.52.130 Special use permits subject to general compliance with density standards.

Repealed by Ord. 2441. (Ord. 2317 § 4, 2000; Ord. 2020 § 22, 1994; Ord. 1947 § 5, 1994)

21.52.140 Accessory uses.

Repealed by Ord. 2317. (Ord. 2020 § 22, 1994; Ord. 1947 § 4, 1994)

21.52.160 Limitations on use.

A. Additional Criteria for Project Design Review. The following development guidelines and policies are to be used in evaluating proposed developments within the zone. The guidelines and policies highlight specific concerns associated with the zone.

1. Access Control. Minimizing traffic congestion on adjacent streets through proper control of site access is a high priority. Coordinated access points may be required for many sites. As a condition to the issuance of a special use permit, a property owner may be required to provide for, in connection with and on that owner’s property, joint access to and/or from adjacent parcels. This shall be accomplished through easements or joint use agreements approved by the city attorney. Curb cuts allowed at the time of development may only be temporary and may be closed when more suitable access is developed on adjacent sites. Specifically, when an individual property owner is given a special permit, he may, at the city’s discretion, be allowed to develop either permanent or temporary curb cuts for site access. When adjacent sites are developed, the property owner may be required to close temporary curb cuts and provide access through one of the adjacent sites. Alternatively, one or more of the adjacent sites may be required to provide its access through a permanent curb cut granted to the first site. This shared access scheme is intended to provide greater traffic safety and shall be viewed as partial consideration for attaining special use permit approval from the city.

Internal access roadways shall be provided in locations generally consistent with the scheme presented in the design concept plan. The internal access system may be private and provided for by easement as each site within the zone develops. When a property owner requests a special use permit for his parcel, he shall develop the roadways necessary to serve his property.

B. Joint Parking. As an incentive for development of joint parking facilities, parking requirements may be reduced as provided for in LMC 21.46.900(E). (Ord. 2441 § 17, 2003; Ord. 2020 § 22, 1994; Ord. 1947 § 12, 1994)

21.52.200 Development standards.

All uses in the Mixed Use/Business zone shall comply with the following development standards:

A. Building Setbacks. Buildings shall be located in such a manner that convenient and attractive access for pedestrians is provided and a pedestrian-friendly environment is created. If appropriate for the type of proposed use, (e.g., office building) amenities such as pedestrian plazas between the buildings and the public sidewalks should be utilized. No particular pattern is required in terms of the location of sidewalks, landscaping, pedestrian amenities, and buildings so long as reasonable consideration is given to the pedestrian environment and access. For example, in some locations it may be desirable to locate public sidewalks within the frontage landscaped area or to the interior of the frontage landscaping rather than adjacent to the street traffic lanes. In other locations, a pattern of public sidewalk, frontage landscaping, pedestrian plaza, and building may be more appropriate.

B. Character of Buildings.

1. Rooftop Equipment. Reasonable measures shall be implemented to visually screen rooftop mechanical equipment taking into account site characteristics such as topography.

2. Facades. Buildings shall be constructed to avoid presenting blank walls to the street frontage. Techniques to meet this objective may include use of landscaping, dividing facades into increments through offsets, recesses, windows, weather protection or other features which serve to minimize the expanse of blank walls or break down the scale.

C. Parking Lots.

1. General. It is not the intent of these standards to set forth rigid design criteria for parking lots but rather to establish goals and standards which can be met through a variety of design solutions.

2. Pedestrian Circulation. Parking lots shall be laid out to maximize easy and safe circulation and to have an attractive appearance, while remaining accessible. They should also be designed and improved in a manner that will enhance pedestrian access. To facilitate pedestrian access and safety, designs shall attempt to minimize the number of curb cuts in sidewalks and utilize design features such as raised walkways for the primary pedestrian access routes. Design of the pedestrian circulation system shall consider connections to the public sidewalks, to adjoining developments and to an overall pedestrian circulation system within the zone as though established. Buildings should provide at their entrance an area raised above auto traffic pavement covered for weather protection. This entrance feature shall be directly accessed by the primary pedestrian circulation system within the development. Direct access from adjoining property shall be anticipated and developed when feasible.

3. Pedestrian Facilities. The city is considering developing plans for a trail system connecting various locations in the area including a future transit station, Alderwood Mall, the regional trail system, Lynnwood High School and Alderwood Middle School. Such facilities should be considered in site design to be incorporated into or as a part of the setback or buffer areas unless placed in the public right-of-way.

4. Parking Aisles. Parking aisles should be arranged to facilitate pedestrian access without weaving through parked cars and to minimize pedestrian/landscaping conflicts; for example, where practical, aisles should be perpendicular to the main building entrance or to pedestrian walkways in front of the buildings.

5. Vehicular Circulation. Wherever possible, development plans should provide for convenient circulation within the zone. Parking, access and egress between adjacent properties should be considered except where natural features make it impractical. Consolidation of parking is encouraged and for that purpose multiple parcels may be treated as a single parcel.

6. General Provisions for Parking Lot Landscaping. Parking lots should be landscaped to interrupt the visual impact of massive occurrences of asphalt paving. The following standards are to be interpreted with a degree of flexibility to achieve the spirit and intent of the guidelines, taking into account irregularities in parcel size and shape, topography, and existing trees. It is the intent of these standards to supersede specific landscape requirements in the zoning code which tend to limit design flexibility. For example, if it is practical to save some of the existing trees on a site, there may be a relaxing of other landscape standards in order to encourage and facilitate tree retention.

7. Major Landscape Areas. Major landscape areas shall be located within the site so that there are not uninterrupted expanses of asphalt in excess of approximately 250 square feet. A major landscape area should average approximately 15 feet in width, or greater, and run the length of the parking column. These major landscape areas may incorporate a pedestrian walk within the minimum required width; however, when incorporated, the landscape width shall be increased by 50 percent of the width of the sidewalk.

8. Landscaped Islands. To break up long rows of parking stalls, in addition to the major landscape areas discussed above, smaller landscaped islands should be located on average, depending on the design constraints of a particular site, in the following amounts and locations: A 300-square-foot area approximately every 175 to 200 lineal feet or a 150-square-foot area approximately every 90 to 100 lineal feet.

9. Perimeter Screening. Where practical, taking into account topography, for example, views of parked cars shall be partially screened from adjacent properties and roadways. Possible screening techniques include low hedges (two to three feet high), earth berms or walls.

D. Service Areas. Service areas shall be located and constructed in such a way to attempt to minimize their visual impact from adjoining streets. Reasonable measures, such as landscaping, walls, fencing or a combination thereof, shall be implemented to effectively screen all loading dock areas taking into account site constraints and topography. (Ord. 2441 § 17, 2003; Ord. 2317 § 6, 2000; Ord. 2020 § 22, 1994; Ord. 1947 §§ 6, 8, 10, 1994)

21.52.220 Transition or buffer strip.

Any development within the zone shall provide significant screening and buffering to adjacent residentially zoned property. A minimum of 20 feet of vegetative screening shall be maintained, established or re-established adjacent to residentially zoned property. This 20-foot minimum is not in addition to any sensitive area wetland or buffer requirements which may apply to property under the city sensitive area ordinance.

A. Exception. The community development director may reduce the required buffer width and revise the required planting and fencing if the director finds that, due to the intensity of existing or proposed landscaping, change in topography between properties, use of the properties along the abutting property line, or other characteristics of the abutting properties, a reduced buffer width will provide adequate separation between the properties.

A request for approving a reduction in a required buffer shall be made in writing and shall describe fully the reduction and the basis for the request. The fee for processing a request shall be $200.00. The person(s) requesting the buffer reduction bear the burden of proof that the reduced buffer will provide adequate separation and screening between properties.

At least 28 calendar days prior to acting on a request for buffer reduction, notice of the request shall be mailed to the owners of all properties that abut the site of the proposed reduction. Action on a request may not be taken until this noticing period has expired.

Anyone may appeal a determination regarding an exception by the director under this subsection by filing a written statement of the reason(s) for the appeal with the community development department. Such an appeal shall be processed pursuant to Process II (LMC 1.35.200 et seq.). (Ord. 2451 § 6, 2003; Ord. 2441 § 17, 2003; Ord. 2020 § 22, 1994; Ord. 1947 § 9, 1994)

21.52.400 Gateway frontage landscaping.

Repealed by Ord. 2441. (Ord. 2388 § 51, 2001; Ord. 2020 § 22, 1994; Ord. 1947 § 7, 1994)

21.52.500 Signs.

See LMC 21.16.340 for sign regulations. (Ord. 2310 § 49, 2000)

21.52.900 Other regulations.

A. Severability. If any section, subsection, sentence, clause, phrase or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this chapter.

B. Refuse and Recycling Collection Areas and Enclosures. On-site paved and enclosed refuse and recycling collection areas shall be provided on sites where new buildings are being constructed or existing buildings are being remodeled or expanded, and shall comply with the requirements of this section. One-family dwelling units, two-family dwelling units, and public parks are exempt from the requirements of this section.

1. Development Standards. Refuse and recycling collection areas shall comply with the development standards below. The following development standards shall supersede other applicable setback requirements of this chapter and any Lynnwood Citywide Design Guidelines, as adopted by reference in LMC 21.25.145(B)(3), that may conflict:

a. Set back a minimum of 25 feet from a public street;

b. Set back a minimum of 25 feet from any interior property line adjoining an RS or RM zone or a P-1 zone with one-family dwelling units if a business site is one acre or larger in area; or

c. Set back a minimum of 15 feet from any interior property line adjoining an RS or RM zone or P-1 zone with one-family dwelling units if a business site is less than one acre in area.

2. Enclosure. All refuse and recycling collection areas shall be enclosed on three sides by a six-foot-high site-obscuring fence which uses building materials, color, and design details similar to the primary buildings on the site and a six-foot-high gate on one side. The height of the enclosure may include the height of a surrounding slope or berm (height measured from bottom inside edge of the collection area). The enclosure shall include a gate which can be secured in an open or closed position. If the enclosure includes a gate made of metal chain link fencing, the fencing shall contain slats which screen the view of containers and material inside the collection area. An alternative design may be approved if it is determined that such alternative would provide equal or better screening, architectural compatibility, and containment.

3. Parking. No refuse and recycling collection area shall be located in such a way that new or existing parking stalls will prevent or interfere with the use and servicing of the collection area.

4. Design. Refuse and recycling collection areas shall be sized, located, and constructed per standards established by the public works department. (Ord. 2441 § 17, 2003; Ord. 2388 § 52, 2001; Ord. 2020 § 22, 1994; Ord. 1947 § 13, 1994; Ord. 1911 § 2, 1992)